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EXCEL v. COM. INSTITUTIONAL SECURITIES

No. 1999-SC-0252-DG.

37 S.W.3d 713 (2000)

EXCEL ENERGY, INC., Appellant, v. COMMONWEALTH INSTITUTIONAL SECURITIES, INC.; R. Gene Smith; Gerald B. Brenzel; and George Lawson, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing March 22, 2001.

Attorney(s) appearing for the Case

Donald L. Cox, William H. Mooney, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, Counsel for Appellant.

Janet P. Jakubowicz, John K. Bush, Thomas E. Powell II, Greenebaum, Doll & McDonald, Louisville, Counsel for Appellees, Commonwealth Institutional Securities, Inc. and R. Gene Smith.

Nader G. Shunnarah, Louisville, Counsel for Appellee, George Lawson.

Gerald B. Brenzel, Louisville, Counsel for Appellee, Gerald B. Brenzel.

JOHNSTONE, Justice.

The Court of Appeals dismissed the appeal of Appellant, Excel Energy, Inc. (hereinafter "Excel"), against Appellees on grounds that the appeal was not timely filed. We granted discretionary review and affirm the Court of Appeals.

On October 30, 1998, the Jefferson Circuit Court entered an order granting summary judgment to R. Gene Smith, who was a defendant in a lawsuit styled Excel Energy, Inc. v. Commonwealth Institutional Securities...

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